I transferred my H1B visa in June 2014. The visa transfer application was filed and received by USCIS before the expiry of previous visa. LCA was also approved for correct dates. But when the approval came in...it was valid from Nov. 2014, 5 months after the expiry of previous visa dates.
How is it going to affect my green card process?
Is this a error on part of USCIS and can this be corrected?
Plz. tell me what I can do to fix this gap?
If the I-129 was timely filed, that is prior to expiration of the employer or I-94, the "gap" will have no serious negative consequence to you.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
That is normal, it is not an error by USCIS - USCIS does not back-date approval notice start dates. The start date on the approval notice is either the date the petition was approved or a future date requested in the petition. This will not cause any problem with your green card process. As long as you have your receipt notice that shows that the petition was timely filed, while you were still in status, you have proper documentation to show that you maintained lawful status the entire time.
No big deal.. Often happens.. The main thing is that your "transfer" petition was timely filed, while ypu were still in valid status and you can prove it..
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
As my colleague correctly stated, this is not an error, Keep all your papers in a safe place. No gap here.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,nor should it be viewed as establishing an attorney client relationship of any kind.
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